2016 Indiana Code
TITLE 22. LABOR AND SAFETY
ARTICLE 2. WAGES, HOURS, AND BENEFITS
CHAPTER 5. FREQUENCY OF WAGE PAYMENTS
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IC 22-2-5
Chapter 5. Frequency of Wage Payments
IC 22-2-5-0.3
Application of amendments to section 1 of chapter by P.L.51-2007;
intent of general assembly; expiration of section
Sec. 0.3. (a) The amendments made to section 1 of this chapter by
P.L.51-2007 apply to claims for wages earned before, on, or after
July 1, 2007.
(b) Having received and considered testimony concerning the
customary and usual wage payment practices of employers, it is the
intent of the general assembly that the ten (10) day period referenced
in section 1 of this chapter, before its amendment by P.L.51-2007, be
construed as ten (10) business days (as defined in section 0.5 of this
chapter, as added by P.L.51-2007).
(c) This section expires July 1, 2017.
As added by P.L.220-2011, SEC.360.
IC 22-2-5-0.5
"Business day"
Sec. 0.5. As used in this chapter, "business day" means a day
other than Saturday, Sunday, or a legal holiday (as defined in
IC 1-1-9-1).
As added by P.L.51-2007, SEC.1.
IC 22-2-5-1
Payment; voluntarily leaving employment
Sec. 1. (a) Every person, firm, corporation, limited liability
company, or association, their trustees, lessees, or receivers
appointed by any court, doing business in Indiana, shall pay each
employee at least semimonthly or biweekly, if requested, the amount
due the employee. The payment shall be made in lawful money of the
United States, by negotiable check, draft, or money order, or by
electronic transfer to the financial institution designated by the
employee. Any contract in violation of this subsection is void.
(b) Payment shall be made for all wages earned to a date not more
than ten (10) business days prior to the date of payment. However,
this subsection does not prevent payments being made at shorter
intervals than specified in this subsection, nor repeal any law
providing for payments at shorter intervals. However, if an employee
voluntarily leaves employment, either permanently or temporarily,
the employer shall not be required to pay the employee an amount
due the employee until the next usual and regular day for payment of
wages, as established by the employer. If an employee leaves
employment voluntarily, and without the employee's whereabouts or
address being known to the employer, the employer is not subject to
section 2 of this chapter until:
(1) ten (10) business days have elapsed after the employee has
Indiana Code 2016
made a demand for the wages due the employee; or
(2) the employee has furnished the employer with the
employee's address where the wages may be sent or forwarded.
(Formerly: Acts 1933, c.47, s.1; Acts 1971, P.L.350, SEC.1.) As
amended by P.L.216-1989, SEC.2; P.L.8-1993, SEC.273;
P.L.51-2007, SEC.2.
IC 22-2-5-1.1
Employees eligible for overtime compensation; exemption from
IC 22-2-5-1
Sec. 1.1. Salaried employees who are eligible for overtime
compensation under the Fair Labor Standards Act (29 U.S.C. 201 et
seq.) are specifically exempted from section 1 of this chapter.
As added by P.L.143-1988, SEC.1.
IC 22-2-5-2
Failure to pay; damages; actions for recovery
Sec. 2. Every such person, firm, corporation, limited liability
company, or association who shall fail to make payment of wages to
any such employee as provided in section 1 of this chapter shall be
liable to the employee for the amount of unpaid wages, and the
amount may be recovered in any court having jurisdiction of a suit
to recover the amount due to the employee. The court shall order as
costs in the case a reasonable fee for the plaintiff's attorney and court
costs. In addition, if the court in any such suit determines that the
person, firm, corporation, limited liability company, or association
that failed to pay the employee as provided in section 1 of this
chapter was not acting in good faith, the court shall order, as
liquidated damages for the failure to pay wages, that the employee be
paid an amount equal to two (2) times the amount of wages due the
employee.
(Formerly: Acts 1933, c.47, s.2.) As amended by P.L.144-1986,
SEC.8; P.L.8-1993, SEC.274; P.L.193-2015, SEC.1.
IC 22-2-5-3
Agricultural workers; criminal offenders; exemptions
Sec. 3. The following shall be specifically exempt from the
provisions of this chapter:
(1) Farmers and those engaged in the business of agriculture
and horticulture.
(2) Criminal offenders in a facility operated by the department
of correction (as established by IC 11-8-2-1) or operated by a
private operator under contract with the department of
correction.
(Formerly: Acts 1933, c.47, s.3.) As amended by P.L.144-1986,
SEC.9; P.L.223-2013, SEC.5.
Indiana Code 2016
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